maybe they should also sign her up. jon: they still don't know who she is, right. jenna: they are not releasing her identity. maybe she gets a little extra christmas gift or something. jon: it's nice that some americans are willing to do the right thing and lend a hand. jenna: absolutely. thanks for joining us everybody. jon: "america live" starts right now. megyn: fox news alert with just 17 days to go until the bush tax cuts expire for all taxpayers. we are now awaiting a final senate vote on a package to spare millions of americans from a significant tax hike come january 1st. busy "america live" on a wednesday, welcome, everyone, i'm megyn kelly. more than 24 hours after we were told that the senate was going to green light this bill senators are now poised for a final vote. if this bill is passed it then heeds to the house and that's where all the drama is. 50-plus democrats are saying they are still not happy with this thing and they are still demanding changes, but changes are not possible say gop leaders

in the senate. they say they will not allow it. despite all the fuss we are told they believe that the votes in the house are there, but we don't know, we are watching and waiting for the events on capitol hill. we'll have results on the final votes in the senate as soon as we get them. more than two years after the financial meltdown that crippled wall street and the housing market the bi-partisan panel appointed to investigate the root cause of all this mess has all but fallen apart. the four republicans on the financial crisis panel are defecting. in a stunning move they are prepared to release their own report that blames the government to get us into this mess. here to complainer i can bowling of the fox business network. they were supposed to get to the bottom of how we wound up in this recession, and with this mess, and the remembers now in advance of this committee issuing its formal report are basically tkpwoeg rogue to tell

the american what. >> reporter: so to speak going rogue. this committee was supposed to report today, december 15th, a wednesday they were supposed to come out with their report on what caused the financial crisis. they are called the financial crisis inquiry commission. four republicans, five democrats. they were split when they were looking into it. they were split down party lines from the republican side they said let's take a lock at fannie and freddie and the subprime loans and see what caused it. on the democrat said they said let's look at the investment banks in the private sector if there was any fraud. they were supposed to report today, this bill will be pushed to january, 500 pages on it. the republicans on the commission said we'll issue our own report, we'll tell you what we found, it will be a nine-page report pointing the finger at the massive amount of subprime loans out there and fannie and freddie being complicit in offering the subprime loans to people who couldn't afford them

as the root cause of the financial crisis. megyn: with all due respect to the republican panel members is that any huge surprise. >> reporter: no. megyn: it's not like fannie and freddie's role in giving out more gauges to people who couldn't afford them is any mystery to americans. >> reporter: the republicans are looking at the subprime players, on the left the investment banks looking. none of this stuff is any surprise to any of them. it was the facilitating of the subprime loans by fannie and freddie that got people into homes they couldn't afford. wall street took it from there. megyn: and they hedged their bets and doubled down. here is my question. what is the problem the democrats on this committee don't want to acknowledge that? why must the republicans come out on their own and talk about fannie and freddie. >> reporter: greg thomas says the democrats want to use this as a political tool. they say they are going to put

this finding out and blame the republicans and blame policy and lack of regulation for it and the republicans said, hey, you know what this is supposed to be a by part son panel finding out exactly the root causes. megyn, you and i both know as your very intelligent viewers know this was an issue from both sides. it was the resill tating of the easy loans and the repackaging of them on wall street. it was a big, big mess and maybe we finally got to the bottom. fannie and freddie are still costing us hundreds of billions of dollars of taxpayer money. megyn: if you want to catcher i can's show you can do so on the fox business network, it's on monday through friday at 9:00pm except on thursday when it's on at 10:00pm because john stossel decided he wanted to be on at 9:00 and eric is an accommodating guy. we'll have stossel on at 2:30 by the way. if the tax cut dilemma was not enough for you there is a new battle breaking out on capitol

hill over a $1.2 trillion spending bill introduced by senate democrats. republicans are sounding off today on the close to $9 billion set aside for earmarks, you know, the pork that each lawmaker takes home to his or her constituents saying, i got you that bridge. they say the bill is full of the pork. and two gop leaders called the bill disrespectful to american people who voted for change in november. >> reporter: along the floor of the senate republican leader mitch mcconnell tauld this one last spending binge and repeat of all the practices that voters hate. >> americans told democrats last month to stop what they've been doing, bigger government, 2,000-page bills jammed through on christmas eve, wasteful spending. this bill is a monument to all

three. >> reporter: the problem critics argue is trying to push through a 2,000-page bill in three days makes it difficult if not impossible to look closely at all the spending in there. that is a major objection from one of the long-time warriors of earmarks, senator john mccain. >> we have already identified 6,488 earmarks totaling nearly $8.3 billion. $277,000 for potato pest management in wisconsin. you'll notice that there is a location for literally every one of these earmarks. $246,000 for bovine tuberculosis in michigan and minimum soto. 500 22,000 dollars for cranberry and blueberry disease and breeding in new jersey. >> reporter: and there was $6 billion for a rural iowa school named after a senator and 18 million set aeu tied to two

nonprofits connected to two lawmakers who recently died. senator ted kennedy and senator john murtha. he says the amnibus spending bill might just as well be called an opl a news spending bill. lawmakers say how can they make a considered judgment when the bill is dropped on senators just before christmas with the idea of pushing it through in only three days. many republicans and democrats argue the senate should do what the house did, pass what is called a continuing resolution that just continues spending at current levels until february when lawmakers would have the time to examine spending calmly and carefully. megyn: let me ask you a question. it's easy to blame this on the democrats, they are in control in the senate, this came out of the senate appropriations committee. the republicans who are now so shocked to receive this bill

with all the earmarks in it have been working behind closed doors for months with the democrats on this very bill. and some of the republicans who are most outraged now, including mitch mcconnell, and john cronyn are so outraged. 650,000 for advanced genetic technologies, both bart tees a pier to blame for this, am i wrong? >> reporter: you're absolutely right. what the republicans will say is we put the earmarks in earlier this year. since then, especially senator mcconnell, since then we have voted for a moratorium on all earmarks. megyn: are they pushing to take them out now? the republicans voted for moratoriums in november. are they pushing for their earmarks to be taken out of this bill. >> reporter: they are going to

vote against this spending bill with their earmarks in it. this is a fascinating issue, one that will be debated in the new congress. what does a member of congress do, they get money for their district, right, for things that are needed in their district. the question -- mccain had always defined an earmark something slipped into the bill in the middle of the night that no one ever look at, never went through a committee, was never voted on or scrutinized by any member of congress. this applies to this omnibus spending bill. it didn't go through committees. people just shoved stuff in there. under other conditions is it wrong for any member of congress to say there is a need in my district? that is a different kind of debate and one that is likely to be held in the next congress. megyn: that's yeah they are talking about -- at least we have names attached to them now. by the way in the next two hours we'll be naming them, we'll be telling you who is asking for the pork on both sides of the aisle. they say now at least we know who it is, but no, sir who want to vote no to this omnibus spending bill, jim are fac faced

with a difficult choice. they want to say no to the earmarks but want to keep the government-funded. they are saying let's get a resolution, so we can cleanup this bill, get this junk out of here and have a nice, clean spending bill with a lower number on it. >> reporter: they have to do something this week, which is why they recent having it dumped on them with three or four days left to keep the government open. megyn: you know the sign on my mother's cupboard, did you ever hear me talk about it. it read as follows, our viewers know it now. lack of planning on your part does not justify an emergency on my part. >> reporter: that is exactly what republicans are saying to senator reid. megyn: thank you. >> reporter: yes, ma'am. megyn: we have reached out to several of these lawmakers who have pretty pricey earmarks, the following of whom either ignored us all together or explicitly declined our request to come on camera today and defend their

earmarks. if they think they are so great come on camera, speak to the american people and you tell them why. here are some of the examples. congressman jay insley of washington who wants $247,000 for virus-free wine grapes in his state refused to talk to us. the senator from georgia wants 413,000 for peanut research in alabama alabama. congresswoman betty mccollum246000 for bovine in minnesota. congressman hush holt and pallono of new jersey want blackberry and blueberry disease in their state. and more was requested by david oboy. none of them could find time to talk to you. give us a call, any of you, we'll put you on give you a fair

& balanced interview. promise. monica crowley tells us if it was a good idea for president obama to admit that he knows the american people do this the think he's been a success. she weighs in on the earmarks. she's not happy. within seconds their lives were destroyed. a rare tornado in oregon have left a dozen families homeless. a man walks into a vegas casino and manages to steal $1.5 million worth of chips in a couple of minutes. it is not a scene from a movie, it actually happened. the manhunt is underway for the suspect and we are getting more details on how he pulled it off. >> the suspect was wearing a full-faced motorcycle helmet, he entered the casino and went directly to a crops table where he confronted several patron w-s a firearm. >> people were already suspicious on who he was, he was walking through a casino hotel with a helmet on, and who does

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megyn: fox news alert, we are watching this final vote now on the tax cut compromise bill underway in the senate. they are voting at this moment, we are awaiting to find out whether the final vote is complete, and what it is. again, it is expected to pass in the senate. there is not a whole lot of drama here. the drama is over in the house. where now more conservative republicans, tea party types are balking because they say it adds to the deficit, they don't like the unemployment extension and some of the other tax breaks that are in there for people who don't pay taxes. now the house democrats are saying they are just not going to vote for it unless there are changes, which republicans have said there cannot be. we'll wait to see what happens here in the senate. we expect it to pass, we'll get you the final vote, then we'll move to the house and see what they do there. in the meantime there is this. not too months after an election in which lawmakers said they recognized a message from the voters of government restraint

lawmakers on capitol hill unveil a trillion dollar spending bill with $8 billion worth of earmarks. it was only a few weeks ago that president obama himself proposed a frees in federal way saying getting our deficit under control is going to require broad sacrifice. >> it is a challenge and both parties have a responsibility to address it. to get federal spending under control and bring down the deficits that have been growing for more than the last decade. megyn: monica crowley is a radio talk show host and fox news contributor. monica we wind up with more than a trillion dollar spending bill with almost $9 billion worth of earmarks and the american people are supposed to pay for things like i don't know, potato pest management in wisconsin. bovine ta pweurbg ooh low sis prevention in minnesota. >> reporter: i know, i don't

know whether to laugh or cry. both sides said we got the message of november 2nd. we understand we have to get this deficit, this national debt under control we've got to cut spending. they drop on the american people a week before christmas, when everybody is busy decking the halls and not paying attention to what washington is doing. they drop us on us an omnibus spending bill. that's because democrats couldn't get their act together to get the individual spending bills through. now they've got backs up against the wall and they are trying to push this through at the last minute. nobody has read it, 2,000 pages loaded with all kinds of g u.n. k and pork imaginable. some of this stuff is laughable, right, peanut research, maple syrup research. the only research i want to do on maple syrup is on my pancakes. i don't want my tax dollars doing research for it. megyn: we have to talk about the john murtha earmark.

he was a congressman from pennsylvania who is diseased. there are five lawmakers, here they are. look at your screen. in this case it's all democrat whose have come together to ask for $10 million of your money, your taxpayer money to build a center in memory of him. now, i'm sure that john murtha is very popular with a lot of pennsylvania citizens and a lot of democrats, but all that money in his memory? >> reporter: he's also deed. these folks were trying to put together this earmark, $10 million of our taxpayer dollars to go to this thing, they are trying to honor his memory and buy votes for themselves. megyn: same thing with ted kennedy, they want another $8 million. >> reporter: we have fiscal crisis in this country that is astounding. every day on the fox news channel we seem to get more and more footage coming out of

western europe. greece today, it's been the u.k., spain, riots in the streets, why, because they have gone down the roofed this big government, big entitlement narcotic-kind of spending, trying to get the people addicted to these entitlements when the debt overhang get so overhanging that the entitlements and spending have to be drawn back you get the masses in the streets. we are going down that road and americans see those images, therefore but for the grace of god go we. washington stop spending. megyn: senator reid who is the majority leader in the senate came out threw a spokesman and said, look i'm surprised republicans are up in arms over this, aerbgs, every request can be viewed online. b, spending directed by congress is down 75% since when the gop was in control, back in 2006. and he says it's the democrats who enacted earmark reform requiring more transparency, and, you know, that the republicans are being hypocrites

by acting so stunned about these numbers and these earmarks when they say they've actually been involved behind the scenes on this thing for months. >> reporter: and that is the biggest guess grace of them all, megyn, you kind of expect democrats to try to get away with spending as much as possible and then raise your taxes to pay for the out of control spending. you don't necessarily expect it from republicans, especially in this era where republicans have claimed that they got the message of the tea party, they got the message of the american people that fiscal restraint and responsibility is what is required. megyn: restraint. >> reporter: and you know what, it's worse, it's worse that the republicans are involved in this than the democrats. megyn: let me ask you about this, not only did the republicans claim to get that message, we played you the sound byte from president obama, he said he got the message too. what does he do now? the white house has obviously been apprised of this. it's not like the white house is also one of the shocked, shocked parties. does president obama sign this thing, if by some miracle it

passes. they say it's sort of a hostage situation again, that term has been bandied about, we have to keep the government up and running. does president obama sign this thing. >> reporter: the republicans now are mortified, they are trying to flee the scene of the accident and take out the earmarks and say they are not going to vote for this monstrosity. if it makes it through both houses of congress and lands on the president's december the republicans should call list bluff, dare him to veto it. hold his word. fiscal responsibility is the order of the day, veto it. they can do a continuing resolution, they don't have to vote for the omnibus. megyn: fox news alert coming in a final vote on the tax cut compromise bill has passed, 81-19. it is not a shock. it has passed. we move onto the drama in the house. a frightening shooting by a man in florida at a school board.

he dies by his own hand. we are learning more about the brave actions of ordinary citizens who stepped in to save lives. stay tuned.

megyn: fox news weather alert. bitter cold is gripping most of the country. in a small town outside of salem, oregon folks are picking up pieces from a tornado. the twister picking up trees, destroying buildings and leaving families homeless. janice dean is in the fox weather center. >> reporter: really rare event. six in the month of december since 1950. ef2 ties the strongest on record. this one really came out of the blue. no tornado watch or anything, we are thankful that those people are okay. all of that energy is actually moving into the center of the country where we are dealing with wintry weather and icy

conditions across the mid south. let's take a look at your future radar as we go further out in time, see all that gulf moisture working its way in and freezing rain and perhaps sleet across the ohio river valley, already dozens of accidents being reported across the deep south, mississippi and alabama and a couple of deaths as well. people are really urged to take care off the roadways. the other big story is the deep freeze across much of the country, megyn, even florida feeling it as far south as orlando and even miami back to you. megyn: before i let you go you weather people, you meteorologists take a lot of heat for not being, you know, reliable all the time. they say that your five-day forecast, they can't be believed. as it turns out there is a weather person in the new york city area who cannot be believed. it is not you. >> reporter: cloudy with a chance of deception i hear. megyn: you are familiar with today's "kelly's court" i take it. >> reporter: i read the story and it's going to be stormy. megyn: yes it's going to be very stormy in an hour and seven minutes as we discuss the case

of the abc meteorologist who fallfalsely claimed that she was raped, she's been arrested. stay tuned for that. it's not janet, and she doesn't lie the u.s. border patrol confirming one of its agents has been shot and killed. trace gallagher has more from our west coast newsroom. >> reporter: getting a lot of breaking information on this. we have confirmed the border patrol agent shot and killed is 40-year-old brian terry. it happened around 1 #:00 last night in an area called rio rico. when they came across some armed bandits a gun battle ensued and officer terry was shot and killed. i want to show you the map. this is in the peck canyon area, 15 miles north of nogales and the mexican border there, a very high traffic area for both drug

smugglers and human smugglers. the reason the smugglers use this is interstate 19 is tpre nearby which makes for a quick get away for the smugglers. keep in mind because of that activity this is a high crime rate area we just got off the phone with the santa cruz city sheriff's office. in the past two years they have had 70 victims of assaults and shootings, and robberies in that area, megyn. a year ago almost to the day another border patrol agent in the same area was shot in the ankle. now they have four suspects in this case, they are in custody. we believe they are bandits who actually prey on the illegals and the drug smugglers who cross the border. we do not know if they themselves are legal or illegal. we do know there is an all out search for a fifth suspect. remember in this area just recently homeland security secretary janet napolitano came out and said this area is

largely secure, and now in the wake of this border patrol shooting some republicans are coming out again saying that we need more security along that border. we are expecting aerials from our phoenix affiliate. we'll get those up and more information as it comes in, megyn. megyn: trace thank you. hundreds of you are weighing in on this violence that is now spilling into america. in fact over one thousand of you have posted comments. if you'd like to see some of those or join the debate you can go to foxnews.com and see what others are saying about this as well. well, he's got a whole lot of chips worth a whole lot of dough but there is only one place to cash them in. where the investigation into a casino heist stands right now. we are learning more about how he did it. and the the omnibus spending bill that is now going up on capitol hill. how you may end up paying for $300,000, for the polonesian

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megyn: we are learning more about a man who held members of a florida school board at gunpoint.

police stay clay duke had been planning this attack for some time. revealing that they found a calendar at his home with yesterday's date circled. today we also heard from the lucky men and women who were in that room, all of whom managed to estate serious injury. >> yesterday was a difficult time for all of us. i'm not a pansy, but i'll tell you i was scared to death. i did my talk in behalf of my life and my friends. megyn: steve harrigan has more from miami. >> we are getting new details about this shooter. he's clay duke. a one-time massage therapist who filed for bankruptcy. he was angry at the school for not con including the contract with his wife for terminating her contract. and the security guard mike

jones shot him four times. this is what the superintendent had to say. >> mike saved our lives. you don't have to believe that. but we were in there and that gentleman was not going to stop shooting. he only turned around after he had been hit twice by mike and mike and him got into a shooting barrage and that saved our lives. he had more ammunition an was going to keep going. report report only woman on the school board is being praised as a hero. she was allowed to leave the room but she came back to make an attempt at the gun with her purse. it's clear duke meant business. he had a spare clip in his back pocket. right now he's the only man dead. he ended his own life after being shot four times by the

security guard. megyn: just unbelievable. steve, thank you. megyn: the virginia healthcare ruling and the current spending bill may spell problems for president obama in 2012. the reason in a potential supreme court decision may hit during the campaign cycle. it could be a one-two punch of a dismantling of the president's signature legislation. the ceo of the women's campaign forum sam bennett. this healthcare thing is interesting because we have the obama administration suffered a setback. they are facing another potential ruling soon out of a florida court. now some supporters of the

president are saying they are worried about timing because once this thing plays out, we could have a ruling in 2012. if that ruling does not uphold president *'s signature piece of little laying does it work to his advantage or not as he runs for reelection. >> i'm torn whether a supreme court reef peel would hurt obama. it takes it out of the polital process and it would val extra nice his own -- it would galvanize his own base. you would have obama care in the news the next two years. that's one of the major reasons obama will have a hard time triangulating or moving to the center. obama has something to defend. clinton didn't get healthcare passed, obama did. it's increasingly unpopular. 70% of americans want it

repealed or part of it repealed. it's hard to defend something only 30% of the country likes. megyn: it keeps it in the news. every chief significance we get whether it's from the 4th circuit court of appeals or wet other side files its response. and we finally get a decision. it keeps it in the news cycle. and the latest polls are not good for the administration. rasmussen are showing most voters now have favored repeal of this law every week since was passed. and support for repeal has inched up to its highest level since mid september. that's almost unheard of in terms of the galvanizization of the public. >> the republicans are loading up and getting ready to go. they settled on the healthcare bill as the most likely way of

getting back the white house. a lot of their work has been successful. we are going to get women election and it was republican women who helped get that bill passed. women are noted for going across the aisle. megyn: you ran for congress as a democrat. >> what's fascinating is the thing that makes our healthcare so much more expensive than every other developed nation in the world, we are ranked 30 among all nations in the caliber of healthcare delivered to our citizens. it's because we do not require that everybody has healthcare. megyn: what we are talkb about today the american people are not buying that. but we are talking about the political consequences. healthcare went under the radar for a little while.

we were focusing on spending. but it was a factor in the election. now with the court rulings. this teed up perfectly for a 2012 resolution. it's not just rasmussen. the abc "washington post" says support is 43%. 52% of the american public is opposed to it. including 27% of democrats who oppose the so-called obama-care. the kaiser family foundation which is left leaning says 68% believe the individual mandate should be repealed. >> we can get into a nice debate about whether requiring everyone to have healthcare creates great healthcare. but as a matter of politics, i think that obama is in a big serious problem here. we see him trying to basically move the conversation forward.

he's been saying for a long time -- you look at stan greenberg's men hes saying stop talking about healthcare. the american people bonnet believe it. whether sam is right about this i strongly disagree with her. they don't believe it. to talk about it for the next two years will not help boik reconnect with independents. -- help barack obama reconnect with independents. meg * huck beef is already using the court ruling in fundraising. mitch mcconnell is talking about how they are going to continue with their push to repeal this healthcare law. so you have got it playing out on two fronts. the push for repeople by the gop, congress and the courts. >> i agree with what jonah said. this will be tough for him to triangulate. political times are different.

once people start experiencing some of the benefits of this healthcare bill, opinions will change. maybe that was the big political mistake. to allow so many of the provisions to not go into effect until 2014. there are lots of people that are able to cover their children after they graduate from college. megyn: but it hasn't changed the number. >> you haven't had enough people experience the benefit. is it going to be a political liability? sure it is. the republicans have done a great job for mike huckabee campaign materials. sam, jonah, thanks to both of you. fountain of youth in a pill? major trials are coming next year on a drug that they say makes 80-year-olds as healthy as 20-year-olds. dr. seeing sl is up next. he didn't make it into the rock 'n roll hall of fame, so what does the white house want

with bonjovi?

john: yea, well, there you go. beth: yea, so what else is new? john: well, i just changed my medicare plan. beth: open enrollment?

john: yup. i compared plans and found better coverage for me. beth: of course you noticed the new benefits we get under the new healthcare law. john: what? beth: well, like 50 percent off brand name prescription drugs for people who are in the donut hole. john: really? i didn't know that. beth: you have to keep up. john: come on. i'll keep up. anncr: it's open enrollment. time to compare and review plans at medicare.gov or call 1-800-medicare. megyn: scientists claiming to have discovered a fountain of youth pill that can allegedly make an 80-year-old as healthy as a 20-year-old. dr. marc siegel is here to separate the facts from the fiction. >> * it's promising it's a cousin of salidamyders.

wee it's not a drug would want you to take. here is what's interesting. they studied this in the young and found it increased the immune response by 17 times. in the elderly 120 times. megyn: that's the part. truly healthy 70, 80-year-old women had the same levels of this good stuff you need to prevent infections as healthy 20-year-olds. what is it affecting? >> t-cells, the immune cell that fight off infection and fights off cancer. so basically that's the biggest problem with aging. you lose ability to fight off age or cancer. if you exercise regularly and you are out there in better health. the study also shows the elderly people exercising more had to look more like the younger

people. megyn: but might not hurt to take this pill. when would you start a patient on this? >> we are in the middle of the just starting to do this in a lot of people. it looks safe. these initial studies look safe. they are going to start trying it in more and more people. i don't think a 20-year-old needs to take it. but it might be something for a 70-year-old or 80-year-old to take when they get more prone to pneumonia and the flu and cancer. megyn: we talked about wrinkles. it might prevent wrinkles and loss of hair. this is not so much cosmetic 80s is health benefits. fighting off you mores. >> you said lack of hair. >> that was mice. this is humans. this is closer to the holy grail. this is very exciting. this is really working.

helping the body fight off infection. i'm more a fan of exercise but this could be a myselfe a nice . megyn: they won't let pregnant women take it. >> this will be helping the elderly fight infections. megyn: major trials next year. thank you, dr. siegel. an update on a story we brought you yesterday. when a guy decided to run over this snowman, wait until you hear what happens when you try to take out frosty. we now know why that bus driver lost his job. john stossel is here and how your tax dollars are going to fundafund.

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megyn: good news and bad news for rocker jon bonjovi. he didn't get into the rocker hall of fame. but the white house has tapped him to serve on a presidentry council. the group will give advice on how to mobilize businesses to help solve community needs. in addition to having great hair he has been working to combat homelessness for some time now. so good for him. many towns and cities across the

u.s. are facing massive budget short falls. dan springer live in seattle with more. >> this is classic seattle. a relatively benign proposal as turned into a major battle. signs are band above 60 feet except for a couple of exceptions like sports stayed yusms and hotels. office buildings are stein free. but that could -- are sign free. but that could change with companies renting 200,000 square feet in a building. the signs could be up to 18 feet tall. but there was an immediate outcry saying signs with change the character of the skyline. they are joined by some on the city council. >> the skyline is a public domain. and you start selling it off. just like we don't sell off our

parks. i think it cheapens the image of seattle it says yes we are for sale. >> the business community says that's ridiculous. it's a way for major corporations to be more part of a town where they are already employing thousands of people. with a commercial vacancy rate of 25%, they say anything that will help companies move downtown is a positive step. >> when companies are going to lease 200,000 square feet. they want to have an identity to the community and on the skyline. >> this thing came up for a vote but they decided to shelf it for six months to look at it furth further. megyn: just as lawmakers claimed

to have gotten the message from voters, they dump a trillion dollar spending bill with earmarks tonight. the tea party reacts here 10 minutes away. she forecasts the weather, but the outlook for her career pretty stormy. a national face just arrested for making a false rape charge. and wait until you hear why she did it in "kelly's court." [ female announcer ] think a thick cream is the only way to firm skin? challenge the need for such heavy measures with olay. new regenerist micro-sculpting serum for firmer skin in 5 days. pretty heavy lifting for such a lightweight. [ female announcer ] olay regenerist. naturally colorful vegetables are often a good source of vitamins, fiber, or minerals. and who brings you more natural colors than campbell's condensed soups? campbell's.® it's amazing what soup can do.™

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on aarp medicare supplement plans, insured by unitedhealthcare insurance company. as with all medicare supplement plans, these help cover some of your medical expenses... not paid by medicare alone. this could save you thousands of dollars. look, want to do away with almost all claim forms? like the sound of no referrals needed to see a specialist? you get all that, too. call now to get your free information kit... and guide to understanding medicare. yep... this is one great card! call this toll-free number now for this... free information kit and medicare guide. megyn: a fox news alert from outer space. i'm megyn kelly. we are now moments away from the soyuz launch. a russian spacecraft carrying three astronauts. including one of our own from nasa. an american. the crew heading for the international space station.

the mission will last five months. this crew will be at the international space station in april which will mark the 50th anniversary of the first human flight into space. right now there are only two more space shuttle missions planned involving u.s. aircraft. after that the soyuz becomes the only way to transport astronauts to the international space station short of a private launch. we'll bring you the launch in just moments. the battle to keep our current tax rates as they are is now bouncing back to the house. senate lawmakers moments ago overwhelmingly passing the president's agreement that he cut with republicans and voting descended across capitol hill to the house. that's where the problem with been all along. the house is not expected to consider this thing before the end of the day. but just a few hours ago president obama urged congress

to move swiftly on this thing. >> i'm convinces this tax cut plan though not perfect will help grow our economy and create jobs in the private sector. it will lift up middle class families who will no longer need to worry about a new year's day tax hike. megyn: bret baier is the anchor of "special report." we expected it to pass the senate, now it goes to the who is. all this drama we have seen in the house. democrats saying we won't stand for it. the question is will nancy pelosi ignore them and bring it to a vote. now the conventional whistle come is what? >> reporter: there will be some whining from some house democrats. there will be statements about how bad a deal this is, but in the end the house will pass this deal unchanged. despite the fact that you have

top house democrats like chris van hollen saying there should be a damage in the is state tax and they should twaict and sendt and send sit back to the senate. everybody believes the threat on the senate side fit comes back changed at all, it will not get through. the threat from the administration that the economy cannot handle that. it should all pals. megyn: we have seen pushback from republicans saying their words we can do better. let's not do this. let's wait until the gop controls the house. and we can take out some of these sweeteners president obama put in to get democratic votes and we'll do it our way to quote frank sinatra. is there any way for the republicans to have enough votes to stop this from going forward?

report no. zero. not a chance. nada, zip, no chance. the senate passed this compromise by a vote of 81-19. that's not just squeak it through. that is overwhelming. that's after the closure vote of 83-15. with that momentum heading into the house. it's like a bulldozer. it's going to gothrough few. when you have the d it's going to go through. and when you have the president saying it's a good deal and mitch mcconnell saying the same thing, that's what they are going to do. megyn: i have to ask you about the omnibus spending bill which you held up during the show yesterday. there has been pushback on both sides. now we hearing more and more about how the run cans have been

working behind the scenes on this bill and knew what was tonight and don't believe the outrage. where does the truth lie? >> reporter: i talked to a lot of republicans who have earmarks in this thing. they said they started with the appropriations committee two years ago. these are projected they put in the process when it was going through the normal process. democrats chose to not go through the normal process and dump it alling to. they are going to vote against this omnibus bill despite the fact that many republicans have earmarks in it. megyn: bret will break it down tonight at 6:00 p.m. eastern. we report, you decide. will the lame duck congress pass an extension of these bush tax cuts before they expire on new year's day? so far nearly 20,000 people have voted. that's a lot. check it out sat foxnews.com and you can weigh in as well.

tragedy after the coast of australia when a boat carrying refugees hits very rough seas. it shows the boat literally smashing to pieces trying to reach christmas island. dozens of passengers thrown onto the rocks and the water. 27 men, women and children are dead. and rescuers struggled to reach the survivors. some of them getting injured trying to help. the boat seen here before and after the accident full of passengers seek asylum in the australian territory. witnesses described the horror. >> it was screaming, women screaming, and you can imagine [inaudible] that many the sort of confusion you are talking about. we were in bad waters. i think they had engine problems

which didn't allow them to move away from danger. mellindanger. megyn: david piper has more. >> reporter: the death toll could rise to 50. but focus is why these tboats ts keep coming to australia. these boats aren't seaworthy. and they do break up. they have had problems before. some afghans were killed this year when a fire took place onboard one of the boats. this is perhaps the worst incident. but it's ongoing, megyn. megyn: david piper, thank you. a fox news alert. we are under 2 minutes away from blastoff as the soyuz rocket

gets ready to launch to a five-month mission to the space station. an american is among the crew of. once our space shuttle ends, this will be the only way to transport crews to the space station. scott, thanks so as much for being here. as we watch them await takeoff, including an american, one of our very own onboard. putt tonight perspective for us. >> good to be with you again. what you are seeing here will be the on way that we can get to the international space station. three countries in the world, china, russia and the united states can send astronauts and cosmonauts to space. at the end of the shuttle program sometime in 2011, the united states will no longer be a member of that small group. megyn: now we have to rely on the russians and private

companies. the spatial exploration technologies which had a second test launch last week. but it won't happen in terms of americans going to the iss. >> right. the obama administration has put all their eggs in the commercial basket hoping the commercial folks will come through, it's what i call a faith-based initiative. they initially will come through but it will take quite a few years before they can send humans into space like we have been doing with the shuttle program. megyn: the obama administration saying it wants to focus on reaching mars. we'll take a listen to the -- >> we are communicating with you. okay. >> 10 seconds. 5 seconds.

maximum thrust and liftoff. the soyuz heads towards the international space station. >> the controls are within the norm. we copy. >> this is lighting up the night sky. it's a good patch program according to flight controllers. >> thrusters are stable. >> the first stage of the soyuz measures 64 feet in lengths. it's burning liquid fuel for the first 2 minutes 6 seconds of the flight.

megyn: it looks picture perfect to me. no? >> it looks good. it lit up the sky. a night launch is always spectacular. it looks like a nominal assent. megyn: there was a problem with the reentry module which had to be replaced earlier this month after it was damaged when it was being unloaded. that's all been fixed and we don't need to worry about reentry now as far as you know? >> from what i heard, they replaced a module that was damaged. the russians are pretty good at getting things fixed, and they are can do that pretty quickly. it's a fairly simple system so sit am not too hard to fix. it's all critical and there are a lot of things that have to go write for a space mission to work. megyn: five months they will spend up there. a russian, an american and an

italian. how do you prepare yourself as a human being for five months in outer space? >> all my missions were several weeks because they were space shuttle based. and after about 2 or 3 weeks i was about ready to come home. five months is a long time in space. i mean, it's a beautiful view. they have a lot to do. they keep themselves busy which helps time go by. some people just enjoy getting away for a little longer than others. megyn: i love the quote from the italian of italy who said after being served breakfast, they have to be quarantined. he was served overboiled pasta and chicken for breakfast. he says the problem is as italians we have a strict way of eating and that breakfast broke every single rule that we have. he better get used to it.

>> the morning breakfast before you launch is an interesting event. i'm sure paolo will be creative in his cooking skills in orbit. megyn: all the best to you, sir. god speed. good men and women onboard. a pristine section of long island's barrier beaches a dumping ground for a possible serial killer. what cops found a short walk from a bustling beach road that has been using the storm jack the ripper. she had been predicting weather in the big apple for five years. but we they ever saw this coming. the tall tale this meteorologist told that could land her behind bars in today's "kelly's court." plus you like wine, but do you like it enough to shell out a quarter million dollars to protect certain grapes?

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megyn: more than a trillion of your tax dollars are on the line. $8 billion could go to pricey pet projects like $247,000 for virus-free wine grapes in washington state. $349,000 for swine waste management in north carolina. $413,000 for peanut research in alabama. all included in earmarks in the so-called stop gap budge get measure. it's that bill moving through the lame duck congress at this minute. critics call it pork barrel spending. do they have a point? amy kramer is chairwoman of the tea party express. we were eager to get your reaction. let's start with the pork.

let many start with the pork and the nearly they say it's nearly $9 billion worth of pork that's been put in there by both sides. the republicans are objecting, they said we put it in before we knew of it was going to come to the house florid -- the house f. both sides have something to point the finger on and you say what? >> when is the spending going to stop? november 2 was that long ago. did they not get the message? these people are totally unreasonable and that's why some of them are being sent home. they are going to be next on the target list because we are not going to accept this. like you pointed out, senator cornyn was on with your friend bill hemmer today. he has $16 billion or some large amount of money in this bill pork. yet he voted for the earmark ban. and he says he's going to vote against this bill. it's absolutely outrageous.

megyn: why do you think they are doing it? jonah goldberg who was on this program a few moments ago said it's like the last minute spending spree, gambling spree before you check in to gambler's anonymous. >> they have benshoofing this legislation down our throats for two years. they don't care. you have republicans, bent from utah who was voted out. he still has the taxpayers' credit card to charge all this money to we the taxpayers? they don't care. megyn: what do you make of it in the wake of the tax cut deal? now they are saying that republicans are more likely to galvanize in opposition to the spending bill and the earmarks in it because they did get and are still unpressure folks like you, tea party folks on this tax deal which a lot of the more

conservative folks, not to mention the left wing folks don't like. where do you stand on it? >> i think it's a lose-lose situation. we are essentially playing russian roulette with the economy. on the unemployment insurance, they had -- they had the numbers to pass that without it being parts of this bill. so now the president has taken cover by putting the unemployment extension in there. and we have this tax cut bill that will go to the house. the thing is, come january, there is no guarantee that we are going to get a better deal in january. people don't need to stop and think. we are only going to control the house of representatives. we don't even control both chambers, let alone the white house. there is no guarantee we'll get something better in january. i'm against the pork. they should have had an up or down vote on the taxes. but as i said, we are not dealing with reasonable people here.

it's all about what they can get and pushing it through at the last minute. these people are not doing their jobs. they should have voted on this months ago before the election. instead they have were concerned with their own political careers and futures. and they put this off to the last minute. megyn: a lot of the lawmakers are not going to have a chance to read it, it's almost 2,000 pages. they wanted to have a vote saturday. some lawmakers are pushing to force the bill be read aloud page by page on the senate floor which they say would take 40 hours. what do you think should be done? >> i think they should read it. it goes back to the healthcare legislation, they didn't read it then. nancy pelosi said we need to pass it to see what's in it. we need the read it. there is a group of us coming together and we are going to start wreeding that bill tomorrow and we'll a read all 2,000 pages of it it's insane that these people can sign a contract they haven't read.

megyn: bring the red bull. >> it will be there. we'll have it all. but we are not going -- we are going to fight this with every inch that we can. it is outrageous. christmas is right around the corner but we are not stopping. megyn: thank you so much for your thoughts on it. a high school basketball game turns into a different kind of sport when a player loses his cool and pushes the ref. wait until you see why the referees walked out of this game after the incident. the state attorney general is now involved.

megyn: a high school basketball game spawns a criminal investigation after this.

that was a player going off on the referee, losing his cool after getting ejected from a game. the ref walked out after this incident. giving port charlotte a for fit win. the state high school athletic association plans to issue some punishment. the state attorney general's office is reviewing this incident to determine whether criminal charges should be filed. new fears there may be a serial killer on the loose in new york's long island. police find can the bodies of three women on oak beach and a fourth was found mere by. trace, what do we know? >> reporter: the police

stumbled upon these bodies during a training exercise. they were focusing in an area where a woman went missing last may. first they found one badly decomposed body, then they found three more. they believe the bodies were placed in shallow graves on the beaches over the course of two years. there may be a pattern here. some of the women may have been escorts on craig's list. a woman in maine said today that police notified her that her daughter may be among the victims. she was an escort. last may 24-year-old shannon gilbert disappeared. before she disappeared she made a 911 call saying her client was trying to kill her. police identified that man. they have talked to him a number of times. he has not yet been arrested. but he lives along those stretches of beach. there is also a belief this whole thing may have some connection if you recall to four

years ago, 2006 in atlantic city, new jersey when four prostitutes were killed there. they are trying to tie all of this together because that killer in that case is also never been identified. we are talking four in knowledge and we have four more on long island. megyn: forecast calling for cloudy skies with a chance of a tall tale. one big city weather girl reporting a bogus story to police. what she pulled out of thin air that could land her in jail in "kelly's court." a police officer in a fight for his life. struggling with a burly suspect during a traffic stop on a dark road. you will never believe who came to his rescue. this is a must-see tape of the day. want a tax break? buy an alpaca. no joke.

remember the cash for clunkers program? stossel live after this break on politicians' good intentions gone wrong. male announcer: introducing the world's first 100% custom, invisible, digital, and fully programmable

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megyn: welcome back. 2:32 in the east. a new report on the cyber attack that crippled iran's nuclear program. a year man scientist saying the virus was just as successful as a military strike and a huge success. he estimates the attack set back iran's nuclear program by 2 years. berkeley setting aside a resolution to hail p.f.c. bradley manning a hero has been delayed indefinitely. hundreds of motorists trapped on a snow-covered highway in ontario have finally been rescues. crews are still clearing cars and trucks from the westbound lane. it's messy on capitol hill as they try to hash out this tax cut deal and omnibus spending

deal with all the pork in it. all this comes up as they are starting to focus on some of the interesting tax breaks that are already out there. including the one you pay not know about. like the one for alpacas. and the one that made john stossel's top-10 list of politicians' good intentions gone wrong. >> want to get rich? uncle sam will give you a break on these. that's number 6. >> we have got to support and strengthen family based agriculture. >> reporter: that's the good intention. america is doing that. in new jersey the most densely populated state, rose races alpacas. >> the reason i got in win was looking for a tax shelter. the tax benefits are great.

>> reporter: there are so many tax benefits for livestock breeding and alpacas are relatively easy to raise. one web site advertises. have uncle sam. he buy your alpacas. lots of people are getting in on it. >> i could never write it off. but after purchasing the alpacas, all my toys, all of a sudden became tax writeoffs. megyn: unbelievable. john stossel is the anchor of "stossel." you are telling me they are not buying them because they are adorable and fun to pet and look at. they are buying them for a tax writeoff? >> reporter: the alpacas are the only one that's kind of like a pet and fun to have at home. low maintenance. there used to be 150 in america.

now there are 150,000. this is the new bubble coming. but same kind of thing. megyn: 150,000 farms or sal packas. >> reporter: -- some selling for $100,000. megyn: he had things i could never write off. after purchasing the alpacas my toys became writeoffs. >> reporter: you pay capital gains tax. megyn: the intention was let's help farmers and give subsidies? >> reporter: the same thin that got me that free golf cart. a congressman said we'll steer you to good things. megyn: are you hurting these alpaca farmers? is there going to be a crackdown in the wake of this? >> i wouldn't call it crackdown. they should stop giving all

livestock farmers a special break. megyn: your special friday night, 9:00 p.m. hannity's spot. >> i'm on this channel. megyn: you take on a lot of much bewho have programs including cash for clunkers. title nine which is supposed to protect women and girls in sports in high schools and colleges. you are against that. you are against the minimum wage according to this list. you are against healthcare, you are against ethanol subjects does. >> reporter: not healthcare, healthcare reform, the subjects does. megyn: you want unhealthy people and you hate little girls. >> reporter: i want freedom. title nine. there was a time wicht wa -- the when it was a sexist world. but schools respond to parents. as soon as the culture changed

and more girls wanted to play soccer, there are girls soccer teams all over the country because parents ask for it. it doesn't have to be legislated. megyn: sometimes it does. sometimes there is no power to force a school to do it even though the parents have the will, they are not willing to push the right button. and you need uncle sam to say be fair to the little girls. >> reporter: the school is trying to attract customers. if more girls want to play sports, it will happen. the conceit of the title nine lawyers is just as many girls want to play sports as boys and i don't think that's true. megyn: what do you make of the omnibus spending bill. good intentions gone wrong again? >> reporter: probably but i haven't researched it so i won't talk about it. megyn: are you in favor of $10 million to memorialize john

murtha? >> reporter: no, i can take a stand on that one. i thought they were going to stop doing this. megyn: it may be a great thing for john murtha supporters but should the federal taxpayers be footing that bill? >> reporter: being elected doesn't mean you get to buy stuff for yourself and get entire states named after you like robert byrd did. megyn: this big hannity. he doesn't give you have his spot for just anybody. friday 9:00 p.m. on the fox news channel you will see stossel's politicians' top 10 promises gone wrong. coming up at the top of the hour. "studio b" with shepard smith. shep: who is omnibus and why are we spending money on her? i haven't met her. megyn: she is a big girl getting

bigger. shep: she has plenty of cash. top of the hour, dui, dwi, should the cops be able to make you take the test whether you want to or not, and if so what would happen in court. it's about washington and whether a lot of them are about to be thrown out. our lawyers are here to discuss it. you have got to have lawyers. meg are everybody has it them until they need them. meteorologists may get the forecast wrong sometimes, but this weather girl filed one report that could land her behind bars. what she told police that could cost her her job and her freedom in an unbelievable "kelly's court" which is next. during this break you can check oucheck -- you can check out foxnews.com/americalive. there's a big idea happening in medicare

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megyn: "kelly's court" is back in session.

on the docket today the weather girl who tried wolf. telling the nypd that a mystery man dragged her into the wood while she was jogging in central park and only escaped an attempted rape when two people walked by, saw the struggle and stopped it. she claimed the same man tracked her down again and harassed her about going to the police. now she has been arrested for filing a false police report which she reportedly admits doing. and her station is not happy. >> high he jones ax a wabc reporter is facing charges for filing a false police report. she claimed she was accosted about it same man two times while jogging in central park.

wabc has suspended jones pending the outcome an internal investigation. megyn: detectives say jones' story sound fishy from the start, but why and should she go to jail for this? jonna spilbor and mercedes colwin. this is a national face filling in on good morning america. well-known meteorologist who as far as we know has never had criminal trouble before. the report say she admitted that she made this up. why? >> she folded like a cheap suit. but after the police launched a large investigation and couldn't come up with a single witness. they couldn't understand how it could happen. megyn: what first made them think it might be bogus. >> the fact that she didn't report it for two full months. she didn't roirt until november.

then when they shopped around for anyone with report other than the so-called victims they couldn't find one. they approached her again. she folded like a cheap suit and said yeah, you are right, you got me. she was tweeting, twitter, and apparently on the day she claimed she got harassed the second time she tweeted out, here is your turkey day forecast, gobble gobble. and it just didn't sound to the police like this was a truth teller. the question now is if she is admitting this, it's a misdemeanor under the law. but she could face up to a year in jail. should she? >> absolutely not. here is a woman who desperately need counseling. she needs to speak to a therapist. ththe dichotomy between her professional life. she is professional. no criminal record. nothing to give any indication

she has his side to herself. you contrast that with these false allegation that are -- the only great thing -- is that she didn't think of anybody. unlike the duke lacrosse victim. this woman didn't finger anybody. megyn: but she did inject race. nationality into the whole thing. she said it was a hispanic male. i have a few problems with this otherren the obvious. we don't have a lot of police resources in the city. the police have a lot of big triples to worry about in new york. they don't need to chase after the false ones. we have enough racial tensions in the city some begin with. the whole business with the mosque over ground zero. a cabbie just got murdered. we don't need somebody coming in saying a hispanic guy who tried

to rape a white girl. someone who is a national face. imagine if they had investigated and they arrested somebody? >> it could have happened. unfortunately faulty reporting is only a misdemeanor. that's not what she is going to face here. should she go to jail? maybe not. but she needs serious help and serious probation. this sort of thing cannot happen. megyn: a california woman pleaded guilty to filing a false police report. she went to jail for 180 days. another woman out in delaware was sentenced to a year after she falsely accused a delaware state police trooper of rape. why shouldn't she be sent to jail for some short time. >> those women fingered individuals. in our case there isn't any individual. there is a fictional character

she is creating in her own mind. she did crow eight this huge investigation. just as the runaway bride had to pay for the investigation looking for her. that many what this woman should get. she'll likely get terminated from channel 7. she'll likely never get a job in a network. there are so many thing that will befall this woman much worse than if she spent a year in jail. megyn: they say she did it for a plea for attention. she was having personal problems and this would get her sympathy. now we are getting reports that she never gelled with the rest of the women. she was out for herself. but that could just be catty talk. how does that all play in? >> it could be catty talk. but look at what she did. it's not normal. if you want attention bring your

puppy to work. you don't allege someone almost raped you in the park. i think this was career suicide. they can fire her, even if she has a contract. this is a crime of moral turpitude. she lied. megyn: just as serious as rape charges are, false rape charges are equally serious. they undermine le jit mat charges of rape and divert scarce police resources. this woman is obviously troubled and may need help but she also needs a lesson.

megyn: a fox news alert on the christmas day attempted bomber back in detroit '09. remember this guy, the so-called

christmas day bomb, the underwear bomb. now the authorities are saying he did not act alone in his attempt to blow up the flight headed for detroit last year. there is a new charge against him of a conspiracy to commit terrorism. that carries a maximum life sentence. according to the feds he conspired to individuals known and unknown. he will be arraigned on his new charge tomorrow in federal court. it all started as a routine traffic stop until the officer asked the driver to step out of the vehicle. then this happened. as the driver struggled to grab the officer's gun and taser it could have turned deadly until some unexpected help arrived. trace gallagher has that piece of the story. >> reporter: the guy pulled the guy over for a broken taillight. when he finally got out of the car, this is what you see. that's what happened. you keep watching this thing.

this went on for more than a minute. the traffic just keeps on cruising by. the cop is struggling with this guy. and then just like the comic books, guess who comes to the rescue? watch the right-hand side of your screen. a woman comes down right here and she starts beating on the guy, she grabs the suspect, bam, bam, get him off. the cop finally starts to get the upper hands. look at this guy getting beaten from both sides. then you will see in the other video we have the partner that comes by. they wrestled the guy to the ground. the woman takes off. she rains unidentified. to this very moment. megyn: we want to have her on. >> reporter: that's what i said. the hero remains a mystery. citizens we appreciate her help but you should not do this.

don't get involved in police business unless i'm getting the daylights beat out of me. megyn: why did the partner take so long to run into the scene. >> reporter: it was backup. he just arrived on the scene. megyn: where did this happen? >> reporter: it happened in dayton, ohio. megyn: i'll put money on the fact that she originates from new york. remember the woman on the sub way who got flashed? >> reporter: i'll bet you have her live on "america live" monday. megyn: if you are watching email me. a snowman in the middle of the street causing major traffic problems. new details. on why this driver who ran him down resigned.

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goes beyond what other heart medicines do alone, to provide greater protection against heart attack or stroke and even death by helping to keep blood platelets from sticking together and forming dangerous clots. ask your doctor if plavix is right for you. protection that helps save lives. [ female announcer ] certain genetic factors and some medicines, such as prilosec, reduce the effect of plavix leaving you at greater risk for heart attack and stroke. your doctor may use genetic tests to determine treatment. don't stop taking plavix without talking to your doctor as your risk of heart attack or stroke may increase. people with stomach ulcers or conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines, including aspirin, may increase bleeding risk, so tell your doctor when planning surgery. tell your doctor all medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur.